AQs - Stays & Strike out request

[superbadger]

Thanks. That has just upped my printing costs !!

[GaryH]

Originally Posted by ladybird17

such great letters - so easy to miss a typo when you're doing that much - didn't want to spoil the ship for a ha'peth of tar!

Absolutely, its important so I'm glad you let me know. Thank you.

[curlychic]

Awwwwwwwww.....wish i had seen this thread before i returned my AQ on Saturday

Oh well whats done is done

[i_bates]

Do I need to include this is I am using the new Strategy??

[campari2]

Hi - a little help pls - about to fill in the AQ for a friend in a case v Lloyds/SCM, have looked through their defence again and they state:

"The charge are terms which relate to the price payable by the customer for a service provided by the Bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts 1999, are NOT subject to the assessment of fairness."
The rest is fairly standard stuff about being notified in advance of charges by leaflet, statement etc., but this bit (above) I'm not clear on - is it just a random statement?? We're claiming on a cheque account and credit card account, just under £3k.
Also, have looked through the FAQ re the £100 fee, but, cannot see where you get to claim this back, if you can? Many thanks, Lyn

[MUTT]

Hi Gary,

Pretty impressed with your new Aggresive Stratergy for AQ's which I intend to use in my second AQ against LTSB. I would appreciate some advice on the following:

My first AQ was submitted on form N150 (value of claim over £6000). SCM submitted their AQ on form N149 and requested a stay of one month to negotiate a settlement (usual delaying tactics that we are all familiar with). Both parties requested SCT.

Do I send my second AQ on N150 or will N149 suffice.

Will there be an additional fee to pay i.e. £100 or is this already covered by my first payment.

I now want to claim costs as you suggest in your previous posts, do I claim now with a schedule attached to my AQ or do I claim at a later date.

Regards

Bill

[GaryH]

Hi Bill,

So the stay of a month has been granted, is that right, and you're filing a second AQ at the expirey of the stay period?

Yes, I think I'd use the same form as you were given first time actually, so N150, although its not going to make a great deal of difference to be fair.

No, another fee is not necessary. It'd probably be a good idea to take your receipt from the first fee along with you though, or enclose a copy of it if your posting it.

Claim costs upon settlement - if your allocated to the fast track you'll get them anyway, if small claims you'll have to request them under the unreasonable conduct provision. Keep a schedule of costs though in any case, ready to hit them with when they offer to settle the claim.

[campari2]

[quote=campari2;699503]Hi - a little help pls - about to fill in the AQ for a friend in a case v Lloyds/SCM, have looked through their defence again and they state:

"The charge are terms which relate to the price payable by the customer for a service provided by the Bank,...............Hi thanks, I see the next post answers my question, but, does throw up another: If SC & M are making offers to settle does this mean one can simply fill in the admission that monies owed part of the form and ask for judgment on the strength of that?? Lyn

[GaryH]

The defence you describe is completely standard.

No, the settlements they make are without liability or admission. Even if they did admit other claims (which is never, ever going to happen!!) it would have no bearing on your claim whatsoever.

[MUTT]

Hi Gary,

Many thanks for the reply. Yes SCM asked for a stay which was granted but has now expired. I now have until 13th April to submit my second AQ and will do as you suggest and continue to use N150.

Will keep you posted.

Regards

Bill

[GaryH]

Originally Posted by MUTT

Will keep you posted.

Yes, please do. Thanks.

[John72]

Hi Bill

Just a quick question; you said that both you and SCM asked for your case to be allocated to the small claims track, even though the claim is over £5000 (presumably before interest?). Is that a favourable new development as it would then limit the claimants exposure to costs if a case came to trial and was lost?

[MUTT]

Hi John,

Yes both parties requested SCT, however as this is still to be allocated by a judge it still might end up in FT.

It seems from the content of the defence and AQ submitted by SCM that they really do not want to go FT. Will just have to see what happens
after I submit my second AQ using the aggresive stratergy for AQ's as posted by Gary.

Regards

Bill

[John72]

Hi Bill

Thanks for that - I'm interested because my case could potentially be listed for the multi-track. I can see that SCM would want to limit their exposure to the more onerous disclosure requirements in the FT or MT by keeping it in the SCT. But at the same time are they not removing the worry of the claimant's potential exposure to costs in claims which involve contractual interest - something GaryH was concerned enough about to warn potential claimants of in pursuing such CI claims?

John

[itsmeandonlyme]

Hello guys,
quick question( my first AQ preparation)...
With £100 fee ..How do you claim it back from the company, as the total already finalazed in N1? Sorry if it a silly question..


Thank you.

Kind regards,


Maria

[John72]

Hi Maria
At AQ stage it is my understanding that the "amount of the claim in dispute" (section D) should be recited as the amount per the claim form N1. Other costs (and interest to the date of judgment or payment) will form part of the total due from the defendant in the event of a successful outcome and be calculated at that time.

John

[itsmeandonlyme]

Thank you Johny...
now, in the defence copy i have received in par23..says:
Part 20 Counterclaim:
The defendant counterclaims for costs limited to not more than £500....
sorry for being thick..but what does this mean?

Thank you...

Kind regards,

Maria

[John72]

Hi Maria

I haven't heard of a defence stretching to 23 paragraphs but I'm sure others have?
Essentially the bank are saying that, in the event of them winning, their claim for costs against you will not exceed £500 - which seems fairly generous, but I am sure GaryH can shed more light on this?

I'm sure you will also be advised that it will be better for you to start your own thread on your case?

J

[housekeeper]

hi just found this 'preventing a stay' and have just added to my AQ which i'm taking to the court tomorrow. can you please tell me should i also send this with the copy of my AQ i'm sending to SC&M

[GaryH]

Yes.